Head of Contra Costa County program serving crime victims sues DA and county

MARTINEZ -- The San Ramon woman in charge of the crime victim assistance program at the Contra Costa District Attorney's Office is suing DA Mark Peterson and the office's chief inspector over allegations that she was mistreated after she accused them of misappropriating grant money.

Since late 2003, Eileen Dowell has run the DA's Victim Witnesses Services program, which uses state and federal grant money to help witnesses, victims of serious crimes and their families navigate the criminal justice system.

Dowell's lawsuit, filed in U.S. District Court in Oakland on Nov. 8 against Contra Costa County, Peterson and her direct supervisor, Chief Inspector Paul Mulligan, alleges that she was retaliated against for reporting to state agencies that they were engaging in illegal and unethical financial practices. Dowell has been on medical leave since February because of "extreme distress" caused by the defendants.

Peterson said that while he cannot comment on any personnel matters related to Dowell's hostile work environment allegations, her claims that grant money earmarked for victims was misappropriated are "absolutely not true."

"No moneys were misused. These are allegations by a disgruntled employee," Peterson said. "It's unfortunate that sometimes individuals think they can find a pot of gold at the end of the rainbow, but there's absolutely no merit to this lawsuit, and I'd call it frivolous."

Dowell's attorney, Michael Seville, described his client as a public servant dedicated to helping victims.

"For Mr. Peterson to claim that Ms. Dowell is a disgruntled employee is an attempt to deflect the fact that the county is under investigation for questionable financial practices by state agencies and that my client blew the whistle."

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Dowell alleges that a pattern of retaliation against her began in June 2011, when Mulligan and Peterson suggested illegally using funds from an "underserved victims grant" to pay one of her employees. Dowell claims she told them that was illegal and she wouldn't "participate in such actions."

Dowell reported Mulligan to the California Emergency Management Agency, or Cal EMA, which administrates the grants, and the California Victims Compensation Board for using up to $4,000 in grant money inappropriately and later repaying the money, according to the lawsuit.

The lawsuit alleges Dowell's reports to the state agencies prompted investigations by the Victims Compensation Board and Cal EMA. As a direct result, the lawsuit says, the DA's Office was forced to return $172,000 in grant money and repay $50,000.

Both Cal EMA and the Victims Compensation Board this week denied those claims.

Cal EMA spokeswoman Tina Walker said the agency monitors grant money used in Contra Costa County, as it does for all counties, but is not conducting a special investigation. She said the county's program was required to return grant money that it didn't use, not because of any allegations that may have been lodged.

California Victims Compensation Board spokesman Jon Myers said Contra Costa County recently lost direct control of a $50,000 revolving fund for emergency burial expenses for the families of certain homicide victims because of a planned effort to consolidate operations throughout the state.

"Victims of crime in Contra Costa County continue to receive the same service and level of attention as they have always received," Myers wrote in an email.

Dowell is asking for $650,000, plus punitive damages, attorney fees and the cost of the lawsuit. Contra Costa County, which does not comment on pending litigation, has not yet responded to the lawsuit in federal court.